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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 329   View pdf image (33K)
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BAYLY VS. BAYLY. 329
die then took a house in said city against his wishes, and on
her own responsibility, and respondent went to a hotel, and in
a few days returned to Cambridge, and has since been repeatedly
in Baltimore, on visits, as is usual with him, and at the time of
the separation he gave her $650, and some small sum beyond.
That it is not true that he is possessed of property to the
amount of $15,000, but that he has lost, spent, given, and
paid away nearly all that he had and inherited, and that he is
not worth $500. That though the complainant cannot make
good any cause of divorce against him, yet that respondent has
no objection, whatever, to a divorce from her, provided it be a
divorce a vinculo matrimonii.
On the 17th of May the cause was removed, upon the sug-
gestion of the defendant, to the Court of Chancery, and on the
18th of the same month, he filed his petition for a discharge of
the writ of ne exeat, and his release from custody, at the hear-
ing of which, on the 1st of June, 1847, the following opinion
was delivered:]
THE CHANCELLOR:
This case originated upon a bill filed on the equity side of
Baltimore County Court, by the complainant, in which, upon
the grounds therein set forth, she prays for a divorce a mensa
et thoro, from her husband, the defendant, for alimony, and for
the writ of ne exeat, to restrain the defendant from departing
out of the jurisdiction of the court, until the further order of
the court, and for such further and other relief as her case may
require.
The bill is supposed to make a case entitling the complain-
ant to relief, under the provisions of the 3d section of the act
of 1841, ch. 262, which authorizes the Chancellor, and the
county courts, as courts of equity, to decree divorces a mensa
et thoro, for the causes therein specified, and also upon decree-
ing divorces, to award alimony to the wife.
Exceptions have been taken by the defendant to the suffi-
ciency of the averments of the bill, but the Chancellor doles
not propose at this time, to consider or express any opinion in'
29

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 329   View pdf image (33K)
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